1. Forms
2. MM
3. MM-99-35

What the form is

The MM 99 35, titled PERSONAL INJURY PROTECTION COVERAGE - MASSACHUSETTS, is an endorsement used with commercial automobile insurance policies in Massachusetts. Its primary purpose is to add Personal Injury Protection (PIP) coverage, often referred to as "No-Fault" benefits, to policies insuring vehicles that are not subject to the Massachusetts Compulsory Automobile Insurance Law. This endorsement modifies the standard Business Auto Coverage Form or Truckers Coverage Form to include benefits for medical expenses, lost wages, and replacement services for individuals injured in an auto accident, regardless of who is at fault.

Classes of business it applies to

This endorsement applies to commercial auto risks in Massachusetts that are specifically exempt from the state's Compulsory Automobile Insurance Law. Examples of such entities or situations include:

• Vehicles owned by the Federal Government.
• Vehicles owned by the Commonwealth of Massachusetts or its political subdivisions (e.g., state, city, or town vehicles).
• Vehicles operated by persons, firms, or corporations required to furnish security to the Department of Public Utilities (DPU), such as certain public utility vehicles or buses (excluding school buses under exclusive contract to a city or town).
• Vehicles owned by a street railway company under public control.

For these types of risks, PIP coverage is not automatically mandated by the compulsory law, and the MM 99 35 endorsement is used to voluntarily add this coverage to their commercial auto policy.

Special considerations

It is crucial to understand that the MM 99 35 is only used for risks not subject to the Massachusetts Compulsory Automobile Insurance Law. If a risk is subject to the compulsory law, Personal Injury Protection is a required coverage and is typically provided through other mandatory endorsements, such as the Massachusetts Mandatory Endorsement (MM 99 11). Using the wrong endorsement can lead to coverage gaps or non-compliance with state law.

The standard Personal Injury Protection benefit provided under this endorsement is typically $8,000 per person.

Key information for agents and underwriters

Agents and underwriters must diligently verify whether a commercial auto risk falls under the Massachusetts Compulsory Automobile Insurance Law before applying this endorsement. Misclassifying a risk can have significant implications for coverage and compliance.

• Risk Assessment: Determine if the insured's operations are exempt from the compulsory law. This involves understanding the nature of the insured's business and vehicle usage (e.g., government entity, DPU regulated).
• Coverage Application: If the risk is not compulsory, the MM 99 35 is the correct form to add PIP coverage. Ensure the policy declarations accurately reflect the addition of this coverage and any applicable limits.
• Related Endorsements: This endorsement is often used in conjunction with other Massachusetts-specific forms, such as the Massachusetts Changes Endorsement (MM 99 67), when tailoring a policy for non-compulsory risks.
• Covered Auto Symbols: Be aware that for policies written on the Business Auto Coverage Form, coverage (including that provided by endorsements like MM 99 35) may be restricted to vehicles specifically described on the policy declarations and designated with specific Covered Auto Designation Symbols (e.g., 7, 8, or 9).